Advocacy – Making a hearsay application

Question 2

What initial question should be asked when considering bad character evidence?

Answer 2

Is it evidence of, or a disposition towards,misconduct, commission of offences, or otherreprehensible behaviouroutside the facts of the offence? If yes, it is generallynot admissibleunless…

Question 3

What are the 7 gateways for the admission of bad character evidence?

Answer 3

1) All parties agree it is admissible
2) Adduced by the defendant
3) Important explanatory evidence
4) Relevant to an important matter in issue between prosecution and defence
5) Substantial probative value to an important matter in issue between co-defendants
6) Corrects a false impression given by the defendant
7) The defendant attacks another’s character

Question 4

What happens if evidence is adduced under the last two gateways?

Answer 4

If admitted under “important matter in issue” or “the defendant attacked another’s character,” the court must not admit it if the defence applies for exclusion and shows that admission would have anadverse effect on the fairnessof the proceedings.